Adrian Guille v. Steven Johnson, et al
| ADRIAN GUILLE |
| STEVEN JOHNSON, RAYMOND ROYCE, SEARS, THOMPSON, CASSANDRA DECRISTI, MARY LANG, DEFILLIPO, LAWANA DARDEN, ANNA PIEKAREWICZ, MRS. SCHMIDT, MR. JOHNSON, MRS. ECHEVARRIA, SERGEANT T. DEJESUS, SERGEANT SMITH, SERGEANT JOHNSON, SERGEANT DEFAZIO, MRS. ADAMS, SERGEANT BEZEK, SERGEANT DEFAROSA, SERGEANT ARAVENA, LIEUTENANT SANGALE, LIEUTENANT LENZ, LIEUTENANT ALMANZA, MRS. JESSICA SMITH, GHANDI MAVEL, JAMES FARLEY, KEISHA FISHER, RAMIKA STOKES-LITTLE, SHANNA MONTANEZ, OFFICER GORMAN, OFFICER BRODZINSKI, OFFICER DELEON, OFFICER HOWELL, OFFICER PARKER, OFFICER SMITH, OFFICER LABOZETTA, OFFICER FORD, OFFICER MENDOZA, OFFICER K. FINN, OFFICER URSINO, OFFICER BRADY, OFFICER BAILEY, OFFICER T. CREWS, OFFICER WARREN, OFFICER GILMARTIN, OFFICER MCLINCH, DAN DIBENEDETTI, CHELSEA HAWKINS, HORNE, E. TARVER, CLIFF, MRS. RYAN, MELISSA MATTHEWS, MCU REVIEW COMMITTEE MEMBER NORRIS, SERGEANT PAZIK and BRUCE DAVIS |
| 25-1271 |
| March 7, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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Filing 22
ORDER (RESTREPO, FREEMAN and NYGAARD, Circuit Judges) dismissing this appeal for lack of appellate jurisdiction. With exceptions not relevant here, this Court has appellate jurisdiction only over "final decisions" of the District Courts. See 28 U.S.C. Section: 1291; Berckeley Inv. Grp., Ltd. v. Colkitt, 259 F.3d 135, 139-40 (3d Cir. 2001). Appellees argue that this Court lacks jurisdiction because the District Court's June 25, 2024 order administratively terminating the case ripened into a final order upon the expiration of the 60-day period set forth therein, and Appellant did not timely file his notice of appeal within 30 days of that deadline. See C.A. Doc. 8 at 1-4 (citing Berke v. Bloch, 242 F.3d 131, 135 (3d Cir. 2001)). But unlike the order in Berke, which expressly dismissed all remaining defendants and closed the case while reserving the parties' right to reopen within 60 days, see Berke, 242 F.3d at 134, the District Court's order here explicitly states that it "shall not constitute a dismissal Order under the Federal Rules of Civil Procedure," see ECF Doc. 240, the court did not close the case or instruct the Clerk of Court to do so if the parties took no action by a date certain, and no such dismissal order or final judgment has ever been entered. Appellant, for his part, contends that he "perceives" that final judgment has been entered in this matter, but he is mistaken. The District Court did not dismiss the case or purport to enter judgment, and there has been no other appealable docket "entry" as contemplated by Rule 4(a)(7) of the Federal Rules of Appellate Procedure. Appellant has filed various motions for relief that the District Court administratively terminated due to his premature appeal. He may renew his request for such relief in the District Court. Panel No.: DLD-187. Nygaard, Authoring Judge. (NMB) [Entered: 07/25/2025 01:39 PM]
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| Filing 21 Document titled: Argument in Support of Appeal filed by Adrian Guille. Certificate of Service dated 07/08/2025. Service made by ECF, US mail. (DW) [Entered: 07/08/2025 03:36 PM] |
| Filing 20 RETURNED MAIL. U.S. Postal Service returned clerk order [ # 19 ] Mail was returned because Clerk's order and letter dated May 29, 2025 addressed to thePrison Warden returned marked: return to sender insufficient address, unable to forward.. The address has been updated and mail resent. (DW) [Entered: 06/12/2025 03:18 PM] |
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Filing 19
ORDER (Clerk) granting motion to proceed in forma pauperis filed by Appellant Adrian Guille. The appeal will be submitted to a panel for determination under 28 U.S.C. Section 1915(e)(2) or for summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6. Appellant may submit argument, which should not exceed 5 pages, in support of the appeal. The document, with certificate of service, must be filed with the clerk within 21 days of the date of this order. (DW) [Entered: 05/29/2025 10:56 AM]
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| Filing 18 PRISONER ACCOUNT STATEMENT on behalf of Appellant Adrian Guille. (DW) [Entered: 05/27/2025 05:09 PM] |
| Filing 17 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Adrian Guille. (DW) [Entered: 05/27/2025 05:07 PM] |
| Filing 16 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Adrian Guille. (DW) [Entered: 05/27/2025 05:07 PM] |
| Filing 15 MOTION filed by Appellant Adrian Guille to Proceed In Forma Pauperis. Response due on 06/09/2025. Certificate of Service dated 05/27/2025. Service made by ECF, US mail. (DW) [Entered: 05/27/2025 05:06 PM] |
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Filing 14
ORDER (Clerk) The foregoing motion is granted. Appellant must either pay to the district court the entire docketing and filing fee of $605.00 or file a motion for leave to proceed in forma pauperis, along with an addendum to the affidavit in support of the motion for leave to proceed in forma pauperis , a completed form authorizing assessments to be made from his prison account, and a certified prison account statement within thirty (30) days from the date of this Order. Should Appellant fail to either pay the fees or file the motion within the time stated, the appeal will be dismissed pursuant to Third Circuit LAR 3.3 and Misc. 107.1 without further notice. (DW) [Entered: 04/23/2025 10:51 AM]
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| Filing 13 MOTION filed by Appellant Adrian Guille for Enlargement of Time to File Motion to Proceed In Forma Pauperis with Accompanying Documents. Response due on 05/05/2025. Certificate of Service dated 04/11/2025. Service made by US mail, ECF on 04/22/2025. (DW) [Entered: 04/22/2025 01:30 PM] |
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Filing 12
ORDER (Clerk) The foregoing motion is granted. Appellant must either pay to the district court the entire docketing and filing fee of $605.00 or file a motion for leave to proceed in forma pauperis, along with an addendum to the affidavit in support of the motion for leave to proceed in forma pauperis , a completed form authorizing assessments to be made from his prison account, and a certified prison account statement within fourteen (14) days from the date of this Order. Should Appellant fail to either pay the fees or file the motion within the time stated, the appeal will be dismissed pursuant to Third Circuit LAR 3.3 and Misc. 107.1 without further notice. (DW) [Entered: 04/15/2025 02:01 PM]
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| Filing 11 MOTION filed by Appellant Adrian Guille for Extension of Time to File for In Forma Pauperis. Response due on 04/21/2025. Certificate of Service dated 04/07/2025. Service made by US mail. (CLW) [Entered: 04/15/2025 09:17 AM] |
| Filing 10 FOLLOW UP LETTER to Party Adrian Guille requesting the following documents:.If you cannot afford to pay the filing fees, within fourteen (14) days you must file: 1) Motion for Leave to Proceed In Forma Pauperis, 2) affidavit of poverty with addendum , 3) authorization for withdrawal of funds , 4) a prison account statement for the 6 (six) month period prior to the filing of the notice of appeal. If you do not pay the docketing fees or file the motion for leave to proceed in forma pauperis with all necessary forms within fourteen (14) days, your case will be dismissed without further notice. 3rd Cir. LAR Misc. 107. (DW) [Entered: 04/09/2025 11:28 AM] |
| Filing 9 LETTER from Appellant adivising court of the corrected address to send mail. Certificate of Service dated 03/21/2025. Service made by US mail. (CLW) [Entered: 04/08/2025 12:11 PM] |
| Filing 8 ECF FILER: Response filed by Appellee Steven Johnson to Legal Division letter. Certificate of Service dated 04/01/2025. [25-1271] (DMR) [Entered: 04/01/2025 04:29 PM] |
| Filing 7 RETURNED MAIL. U.S. Postal Service returned Case Opening Packet [ # 1 ] Mail was returned because Mail returned by Prison officials indicating that mail must be sent to their central mail distribution center. The address has been updated and mail resent. The deadlines set forth originally are extended by 14 days. (CLW) [Entered: 03/25/2025 11:16 AM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Dorothy M. Rodriguez, DAG on behalf of Appellee(s) Alexander Loizos, Sean Patterson, David Richards, Erik Pedre, Brian Perkins, Amy Emrich, Kyle Jenkins, Joseph Piazza, Frank Martinez, Robert Martini, Mark Valleau and Steven Johnson. [25-1271] (DMR) [Entered: 03/18/2025 01:50 PM] |
| Filing 5 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (MW) [Entered: 03/12/2025 03:33 PM] |
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Filing 4
ORDER (Clerk) for all parties represented by Anthony D. Zatkos, Esq. the designated filer shall be Steven Johnson. (GCH) [Entered: 03/07/2025 03:21 PM]
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (GCH) [Entered: 03/07/2025 03:16 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (GCH) [Entered: 03/07/2025 03:16 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Adrian Guille in District Court No. 3:18-cv-01472. (GCH) [Entered: 03/07/2025 03:05 PM] |
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